Lee-David Weiner Wins Dismissal Where The Plaintiff Failed To Timely Substitute An Estate Representa

In Delgado v. Mee Ying Mariscal, Queens County Index No: 705490/13 the plaintiff passed away in 2015. The action was subsequently marked stayed. An administrator to plaintiff’s estate was never appointed and the case remained stayed indefinitely. Mr. Weiner then moved to dismiss for plaintiff’s failure to timely substitute an estate representative.

The Court granted Mr. Weiner’s motion and dismissed plaintiff’s case. In doing so the Court stated that more than four years have elapsed since the death of the plaintiff and no reasonable excuse has been provided for the failure to timely substitute an estate representative for the decedent.